Organ Donation, Brain Death and the Family: Valid Informed Consent

J Law Med Ethics. 2015 Summer;43(2):369-82. doi: 10.1111/jlme.12254.

Abstract

I argue that valid informed consent is ethically required for organ donation from individuals declared dead using neurological criteria. Current policies in the U.S. do not require this and, not surprisingly, current practices inhibit the possibility of informed consent. Relevant information is withheld, opportunities to ensure understanding and appreciation are extremely limited, and the ability to make and communicate a free and voluntary decision is hindered by incomplete disclosure and other practices. Current practices should be revised to facilitate valid informed consent for organ donation.

MeSH terms

  • Brain Death*
  • Humans
  • Informed Consent / legislation & jurisprudence*
  • Tissue and Organ Procurement / legislation & jurisprudence*
  • United States